Landmark tribunal decision says type 2 diabetes ‘not a disability’

A bus driver with type 2 diabetes, who was dismissed for gross misconduct and accused his former employers of disability discrimination, has been told he does not have a disability by the Employment Appeal Tribunal (EAT).

Mr J Stout brought several claims against Metroline which were dismissed, however at a preliminary hearing the Employment Tribunal did rule that type 2 diabetes was, in fact, a disability. The decision was made after Mr Stout explained how he largely controlled his condition by avoiding sugary drinks.

The ruling was determined under the Equality Act 2010, which states a disability is defined as a physical or mental impairment which has a “substantial and long-term effect on a person’s ability to carry out normal day-to-day activities”.

Metroline was permitted to appeal the finding, based on the concern that employees with the same condition would use the decision to say they were also disabled.

The issue of whether or not Mr Stout’s type 2 diabetes was a disability proceeded to the EAT, where the initial decision was overturned.

The EAT stated that if type 2 diabetes was automatically deemed a disability it would mean that people with conditions like nut allergies or lactose intolerance would also be considered to be disabled.

A condition that was controlled by a small change in diet was not a long-term condition that restricted the claimant’s ability to carry out ordinary day-to-day tasks.

This does not mean that type 2 diabetes will never amount to a disability. In this case, it simply came down to the EAT’s conclusion that abstaining from sugary drinks was not a substantial adverse effect on day-to-day activities caused by the diabetes.